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(영문) 인천지방법원 부천지원 2021.03.10 2020고단1318
강제추행
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 24, 2020, the Defendant, at the “C” restaurant located in Kimpo-si B around 20:20 on March 24, 2020, hereinafter the Defendant Da (a 55-year old), who was an employee, was able to sit together with the strings, committed an indecent act by force on the part of the victim by inserting the strings inside the strings, the air conditioners, and the strings of the strings, and the strings of the strings of the strings of the strings of the strings of the strings of the strings of the strings of the strings.

Summary of Evidence

1. The defendant's legal statement (as at the third trial date), a witness D's legal statement 112, a closure of the reported case processing table, and a CD;

1. Application of Acts and subordinate statutes to one copy of video CDs (each separate transmission in 2, 3 separate transmission) applied to improvement of CCTV quality;

1. Article 298 of the Criminal Act concerning the facts constituting the crime;

1. Article 62 (1) of the Criminal Act Article 62 (1) of the Act on Special Cases concerning the Punishment, etc. of Social Service Crimes and Article 16 (2) and (4) of the Act on Special Cases concerning the Suspension of Execution of Selection of Imprisonment with

1. Article 2 of the Addenda to the Act on the Protection of Children against Sexual Abuse (amended by Act No. 1738, Jun. 2, 2020); Article 56(1) main text of the former Act on the Protection of Juveniles against Sexual Abuse (amended by Act No. 1738, Jun. 2, 2020); Article 59-3(1) of the Welfare of Persons with Disabilities Act, the Defendant committed an indecent act against the victim who is an employee at a restaurant. The Defendant is not subject to the punishment in light of the method of the indecent act and the like.

Nevertheless, the defendant did not have an attitude to repent of the crime in the investigative agency or denies the intention to commit the crime, and the defendant did not have an attitude to repent of the crime in this court.

It is also disadvantageous that the defendant takes a bath to the victim immediately after the crime.

As a result of the instant crime, the Defendant suffered a considerable sense of sexual humiliation and mental impulse, and was retired from office.

However, the defendant tried to commit the crime at the third trial date, and the date of the trial shall be terminated.

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